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(영문) 서울동부지방법원 2017.09.07 2017고단2302
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle with sod motor vehicle of D.

On February 24, 2017, the Defendant driven the above car around 20:23 on February 24, 2017, and driven the outerly circular expressway outside Seoul, which is located in the Songpa-gu Seoul Metropolitan area, at a non-speed speed depending on the two-lanes between the 6-lane and the 6-lane, from the west-gu area, the two-lanes in the west-do. The Defendant changed the course to the four-lane.

Since a large number of vehicles move at a rapid speed, a driver of a motor vehicle has a duty of care to safely change the vehicle line in a way that does not impede the normal passage of another motor vehicle that is going in the direction of changing the vehicle line to a person engaged in driving the motor vehicle, when changing the vehicle line.

Nevertheless, the Defendant neglected this and received the front portion of the F-Adi vehicle driven by E, which is driven by the Defendant according to four lanes on the right side of the vehicle driven by the Defendant due to the negligence of changing the vehicle from the two lanes to the four lanes from the two lanes.

Defendant G (Woo, 48 years old) who was on the back side of a passenger car driven by Defendant due to such occupational negligence had the victim G (Woo), who was on the back side of the car driven by Defendant, receive medical treatment at the powder hospital located in 59, Sungnam-si, Sungnam-si, and caused the death of the victim as brain livers around March 23:45, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement and I of the occurrence of a traffic accident of E;

1. A death certificate;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Personal information on passengers by vehicle, and intensity at the scene of a traffic accident;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is the area to reduce the types of general traffic accidents (the death of traffic accidents) (four months to one year).

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